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13 Year Old Claim From Kkmc Desert Storm

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Done wit this

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Got A Question On how I can Get the VA to move Quicker on this claim.

This is what I've done so far. I filed a claim in 1993. It was Denied in 1997 after the NC VA could not locate my medical files from time served in South West Asia. I continued Trying to Locate this missing Records at least once a year. Now after all this time I have received these Records that Clearly state the Accident, day and time - 4 times in the files. I was seen 4 different times for the same thing. I have Reopened the Claim sent these files to my Regional VA Office in Buffalo NY the 1st week of March. Followed by many other statements from Docters and Employers telling the on Going problems I have had. They have received all this and still have not made any move on doing the right thing? The Original Claim was Denied Because of lack of evidence. No medical records from time in service to prove that it was a service connection Injury. This is why it was denied. Would not the missing medical records be all they would need to seal the deal? How can I get them to move on this? I am no lawyer but it sure looks simple.What can I do to get them to move on this? Help!!

Thanks for the help - macool

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Rick -that 1993 decision might hold potential for CUE-

I am beginning to think our mutual POA 's dont know what a CUE claim is-I have had no input at all from them regarding my two CUE claims filed in 2004 that the VARO is working on now-they have never submitted a claim in my behalf although I sent my claims in-with copy to them and I have never received any formal acknowledgement at all from them-

As you know the Division has 12 days left to satisfy my request-

during the next 12 days they will have to address a separate CUE issue I have up there with Ms. Kloc at our VARO-

I suggest that you wait for me to see if they actually have a CLUE on what a CUE claim is-this is the one I asked the VA to call on themselves and I want the division's full support on-

when they find something in their Buffalo office -they are looking for- and it better be there-I will go over and see Pete- I will see what his understanding is of my two 2004 CUE claims-

then we can see what their real potential is to help you with your CUE claim.

His boss is the main reason my claim was screwed up so his boss there would be useless on your cue claim.

Our mutual vet rep asked me a question Wednesday that was so bizarre that I am already leary of him too-

He also assured me that my request (it was an order) went to the proper channels in the division.

I dont like to doubt him but Monday AM I will see if it has gone to their Director and if not

Dr. Basher will hear from me AGAIN-(I had 2005 problem with them too)

and Basher will then be put on my complaint to the Governor if he doesn't help resolve my issues.

Macool- between you and me-don't tell anybody-

that office is Bath is royally screwed up big time and it took me years to see how screwed up it is!

and if anyone out there has had poor representation at NYSDVA -in the Bath office at the VAMC- please PM me and file a complaint below-dont PM me if you are not going to file a complaint-

Rick -Have you emailed them with your concerns in Albany?

That addy I gave you is where they run their show.

New York State Division of Veterans Affairs

http://www.veterans.state.ny.us/

email- info@veterans.state.ny.us

Address your complaint either to Harvey MC Cagg (they told me he was a lawyer but I dont know) or to the Director George Basher.

Edited by Berta
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Berta

I have brought up the CUE thing to our Rep and he agreed with my and your thoughts on it being a CUE claim. He also said that if I started the Cue Claim without the first claim being decided that the 1st claim would be held up. From what I have read and been informed that is true. I have written Mrs Kloc many a letter and stated in them letters that this claim was a CUE claim and that The VA decided my 1st claim without all evidence present and stated that the evidence was now in front of her ,new and already existing Evidence subbmitted for the first time that would have changed the outcome of the Original decision,The missing Medical files.I also stated that I beleave that I am intitled to payments starting from the first time I filed Due to this Error that happened on the first Claim. One can Only hope that they save me the Time and do the right thing.

I will, this coming week write the addys and explain my concerns to either to Harvey MC Cagg or to the Director George Basher or Both! I have known that this Office was screwed up from the first time I walked into it when I moved here in 1997 and they Treated me like a Lier and made me feel as though they were being held up from a nap or golf game when I told them my story in 1997. They were pissed I walked into the Office. But I kept at it and did things for myself Found the files that were lost that no Veteran Rep could ever come up with in my dozens of requests. Why Because they are all on the same team and we the Veterans are their opponents. Veterans need to get together as done on here! and build a bigger team Make a Veterans Union and Help one another like we do here on Hadit

We are in a battle! Fight to Win!

Macool

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*********************NEWS******************

Just received the mail today and finally Have received my appointment for Compensation and pension Examintion. Sept 22 ---3:00 PM . They screw with my shoulder's to much while I am there I'm going to be down for a couple weeks.Two surgerys on the right and one on the left. But I could still scare the crap out of the doctor I bet. Good news! Guess, I'm not to far from done now!!

Macool :rolleyes:

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I feel a little relieved- Our mutual rep did seem to understand my recent CUE that I asked VA to call on itself-

but he might say anything at this point- to make me happy-

I do not agree that a CUE would hold up another claim in most cases-but he might sure be right on that too Rick- your claim is in a very active process-(I think)

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I wouldn't file CUE untill the claim is awarded. My claim was denied for the same reason. When I did present the injury treatment records and made it clear that I had done all that was necissary for VARO to get these records for the initial claim, I was given the EED.

I wasn't about to hold up my claim for the CUE. I needed an income. I just made it clear that I intended to file the CUE claim if necissary for the EED after my claim was awarded. Hope it works out for you the same way.

Time

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Time

I am hoping the VARO awards the original date claim was filed in 1993.The way the coraspondence from the VARO has been worded they could be going to do that . They have always called it a reopened claim, and I have read in my researching That could mean retro payments back to original Date. I take it thats what you ment by EED?

Macool

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